Georgia personal injury laws allow injured victims to seek compensation for their economic and non-economic damages. The victim has the burden of proof in a personal injury case. They must prove the legal elements of negligence, strict liability, intentional torts, or other causes of action to hold a party responsible for their damages.
Most personal injury claims are resolved directly through settlement negotiations with the other party’s liability insurance company or with the at-fault party. The average personal injury settlement amount in Georgia can range from a few thousand dollars to several million dollars.
Because each injury case is different and has unique factors, it is unwise to base your settlement amount on another case’s amount. You would need to know all factors involved in your case and the other case to make an accurate assumption.
Experienced Savannah personal injury lawyers understand the factors involved in determining the worth of an injury claim. With their experience, they have developed a keen ability to analyze a case’s factors to determine the average settlement amount for cases similar to the subject case.
What Factors Impact the Average Personal Injury Settlement Amount in Georgia?
Damages are the remedy offered by the courts in a civil case. Personal injury cases do not result in criminal penalties. The state can charge someone with a crime. However, the only remedy you have for a civil case is to hold the at-fault party legally responsible for the harm and losses caused by their actions.
Factors attorneys use to calculate the settlement amount for a personal injury claim include:
Injury and Impairment
The type and severity of your injuries are a significant factor in determining the average personal injury settlement amount for your case. Permanent impairments and catastrophic injuries usually increase how much your case is worth. Your financial losses, pain, and suffering can increase depending on the severity of your injuries.
Medical Bills and Lost Wages
You can receive reimbursement for your medical bills and lost wages. It is important to work with your attorney to document all losses to increase the value of your damages.
The costs to treat traumatic injuries are higher than the costs to treat minor injuries. Therefore, your injuries may also impact the value of these damages.
Furthermore, you may require ongoing treatment and long-term care for a permanent disability, which can be costly. Severe injuries could result in higher lost wages and diminished earning capacity if you are unable to work or earn the same level of income.
Comparative Fault
Georgia uses a modified comparative negligence standard instead of pure contributory fault. Georgia law does not prevent injured parties from recovering damages for personal injury except in cases when the victim is 50% or more to blame for their injuries. Thus, if a jury determines that you are 60% at fault for your car accident, you cannot recover damages from the other driver.
If your fault was 40 percent, you could recover damages, reduced according to your proportion of fault.
An insurance company may argue that you share some of the blame for the accident, which could reduce the amount of compensation you are entitled to. This allegation could reduce how much your claim is worth. Therefore, you may receive a settlement lower than the value of your damages.
Pain and Suffering Damages
Pain and suffering damages include emotional distress, mental anguish, physical discomfort, and decreased quality of life. The damages are subjective because everyone suffers differently, even if they sustain the same type of injury. The more your injuries negatively impact your daily life and well-being, the more you can demand for your pain and suffering.
Liability Insurance Coverage
The insurance company is liable only up to the policy’s limits. If the at-fault driver has the minimum required car insurance coverage, the insurer will cover a maximum of $25,000 per person and $50,000 per accident for bodily injuries, along with $25,000 for property damage. The insurance company is only responsible for damages up to the policy limits.
You must sue the driver if your damages exceed the liability insurance policy limits. Even if you win the court case, the driver may not have the funds or resources to pay the judgment. Your attorney will discuss the pros and cons of accepting a settlement amount versus taking your case to trial.
Other Factors Impacting the Value Damages for a Personal Injury Case
Many other factors could impact how much you receive for a personal injury settlement. Those factors include, but are not limited to:
- The parties involved in the case
- The length of your recovery period
- The severity of disfigurement and scarring
- The type of medical treatments you receive
- Out-of-pocket expenses
- The strength of the evidence proving your claim
Whether you hire a personal injury lawyer can also significantly impact the settlement amount for a personal injury case. Having an experienced accident attorney handle a case often increases the settlement amount.
Contact the Personal Injury Law Firm of Bowen Painter Injury Lawyers in Savannah for Help Today
For more information, please contact our experienced Savannah personal injury lawyer at Bowen Painter Injury Lawyers to schedule a free initial consultation today. We have a convenient location in Savannah, GA.
We proudly serve Chatham County, Georgia, and its surrounding areas.
Bowen Painter Injury Lawyers
308 Commercial Drive, Suite 100, Savannah, GA 31406
(912) 335-1909
Open 24/7